( 1 ) THIS appeal is directed against the Judgment and decree dated 25-8-1990 in R. A. No. 168 of 1973 passed by the learned Prl. Civil Judge, Hubli.

( 2 ) APPELLANT Basavantappa was the second defendant before the trial Court and appellant before first Appellate Court. The respondents 1 to 6 were the plaintiffs before the trial Court. Respondent No. 7 was the first defendant and father of plaintiffs 1 to 5 and husband of plaintiff No. 6 Ningavva. The 8th respondent was the third defendant, who died during the pendency of original suit.

( 3 ) THE plaintiffs instituted a suit for declaration that alienation of the properties described in Schedules A to C made by the second defendant in favour of defendants 2 to 4 are not binding and for partition and possession of their shares in the suit properties A to E.

( 4 ) THE suit schedule properties are: (A) R. S. No. 53/1 measuring 5 acres and 05 guntas. (b) R. S. No. 303/1 measuring 3 acres and 35 guntas. (c) (d) (e) not concerned in this appeal.

( 5 ) THE case of the appellant is that, the 7th respondent exchanged a land R. S. No. 53/1 with the appellant's land R. S. No. 303/1. In addition, the appellant paid a cash of